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Grand Jury Report: Two indictments issued

By Howard B. Owens

Scott F. McColl is indicted on one count of felony DWI. McColl is accused of driving drunk on Summit Street Road in the Town of Pavilion on a 2006 Harley-Davidson motorcycle on July 14. He was convicted of misdemeanor DWI on Nov. 3, 2014.

John Sumlin, III is indicted on one count of criminal contempt in the first degree, a Class E felony. Sumlin is accused of violating an order of protection on or about Oct. 25 and 26 in the City of Batavia. He is accused of repeatedly making telephone calls to the person he was ordered not to contact.

Law and Order: Driver from Buffalo accused of fleeing from police

By Howard B. Owens

Name redacted upon request, 41, of Rosemary Avenue, Buffalo, is charged with obstructing governmental administration 2nd, speeding, and failure to obey a police officer. xxx is accused of failing to yield for a patrol vehicle's emergency lights on Jan. 10 at 8:53 p.m. on Bloomingdale Road, Tonawanda Indian Reservation, and then, when he did stop, running from the vehicle. Once apprehended, he was transported to the Genesee County Jail for processing and then released on an appearance ticket.

Antonio Elmer Sosa-Martinez, 33, of West Academy Street, Albion, is charged with DWI, moving from lane unsafely, drinking alcohol or using cannabis in a motor vehicle on a highway, and unlicensed driver. Sosa-Martinez reportedly crashed his work van on Warsaw Road in Le Roy at 8:14 p.m. on Jan. 7. After an investigation by Deputy Mason Schultz and Deputy Jacob Kipler, Sosa-Martinez was placed in custody. He was transported to the Genesee County Jail for processing and released.

John James Gronowski, 45, of Cayuga Circle Road, Cheektowaga, is charged with criminal trespass 3rd. Gronowski was allegedly at Batavia Downs after previously being told he was not allowed on the property. He was issued an appearance ticket and released.

David Charles Pfenninger, Jr., 44, of Fargo Road, Corfu, is charged with DWI, driving with a BAC of .18 or greater, and moving from lane unsafely. Pfenninger was reportedly found in his vehicle stuck in a ditch on Route 77, Pembroke, at 1:10 a.m. Jan. 13 by Deputy James Stack. He was released on an appearance ticket.

Jordan Roger Difilippo, 29, of Pratt Road, Pembroke, is charged with sex offender failing to report change of address/status. Difilippo was arrested on Jan. 12 for allegedly failing to disclose an email address to the Department of Probation. He was released on an appearance ticket.

Paul Crawford, 54, of Old Meadow Lane, Batavia, is charged with criminal possession of a controlled substance 7th and driving on a suspended registration.  Crawford was arrested on Jan. 12 after being located on Old Meadow Lane at 9:02 p.m. He was released on an appearance ticket.

Timothy Ting Hsia, 33, of Sinclair Street, Mckeesport, Pa., is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation 3rd, unlicensed driver, and failure to use four-way flashers. Hsia was stopped at 6:05 a.m. on Jan. 14 on Genesee Street, Pembroke, by Deputy Ayrton Blankenship.

Matthew J. Zon, 41, of South Byron, is charged with criminal contempt 1st. Zon was arrested on Jan. 12 by State Police in connection with an incident reported at 3:09 p.m. on Oct. 15 in the Town of Byron. According to the statute cited, Zon reportedly has a prior criminal contempt conviction. He was released on his own recognizance. 

Kim M. Sobczak, 60, of Batavia, is charged with petit larceny. Sobczak was arrested by State Police in connection with an incident reported on Jan. 11 at 1 p.m. in the Town of Batavia. She was released on an appearance ticket. No other information released.

Law and Order: Trio from Rochester accused of stealing bags of items from Ulta Beauty

By Howard B. Owens

Mone N. Wiggins, 24, of Dana Street, Rochester, is charged with grand larceny 4th, conspiracy 5th, and criminal impersonation. Yathil Karis K. Lay-Rivera, 24, of Grand Avenue, Rochester, is charged with grand larceny 4th and conspiracy 5th.  Aniyah E. Kendrick, 18, of Sullivan Street, Rochester, is charged with conspiracy 5th.  On. Jan. 6, Sheriff's deputies responded to Ulta Beauty in Batavia Towne Center after receiving a report of a larceny in progress. When officers arrived, Wiggins, Lay-Rivera, and Kendrick were allegedly seen walking to a vehicle with "bags full of stolen items." The three were taken into custody and issued appearance tickets. Assisting in the investigation were Deputy Morgan Ewert, Deputy Nicholas Chamoun, and Deputy Jacob Kipler.

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Joe Cortez

Joe Andrew Cortez, 40, no permanent address, is charged with rape 1st and rape 3rd. Cortez is accused of forcing a person under the age of 17 to have sexual intercourse on Sept. 20 at 3 p.m. at a location on Lewiston Road, Batavia. Cortez was arrested on Jan. 6 and ordered held in the Genesee County Jail.

Tommy Lee Mobley III, of Main Street, Le Roy, is charged with attempted criminal possession of a weapon 4th. Mobley is accused of attempting to purchase a firearm from a business on West Main Street, Batavia, on Sept. 27 at 9 a.m., while being a person prohibited by law from making a firearm purchase. Mobley was taken into custody on Jan. 6, processed at the Genesee County Jail, and released on an appearance ticket.

Vicki Lee Showler, 51, of Lewiston Road, Alabama, is charged with petit larceny. Showler is accused of shoplifting at the Dollar General store on North Main Street, Oakfield, on Jan. 4 at 8:24 p.m. Showler was processed at the Genesee County Jail and released.

Tatiana Makarevic, 55, of Maple Road, Alabama, is charged with DWI, driving with a BAC of .18 or greater, and moving from lane unsafely.  Deputy Jacob Kipler and Deputy Jeremiah Gechell responded to a report of an erratic driver on Route 77 in the Town of Pembroke on Dec. 15 at 8:48 p.m. Makarevic was taken into custody and processed at the Genesee County Jail. She was released on appearance tickets.

Jocolby Sherod Wallace, 34, of Bryan Street, Rochester, is charged with criminal possession of a weapon 4th, aggravated unlicensed operation 3rd, and uninspected motor vehicle. Wallace was stopped on Jan. 6 at 8:52 p.m. on Route 33 in Byron by Deputy David Moore. During the traffic stop, Wallace was allegedly found in possession of a stun gun while being previously convicted of a crime. He was arraigned and ordered held without bail.

Theresa Lorraine Fisher, 34, of Royal Parkway, South Lockport, is charged with driving while ability impaired by drugs and aggravated unlicensed operation 2nd. Fisher was stopped on Jan. 1 at 5:45 p.m. on Route 77 in Pembroke by Deputy Morgan Ewert. She was issued an appearance ticket.

Grand Jury Report: Man accused of first degree rape

By Howard B. Owens

Shane M. Vaname is indicted on counts of rape in the first degree, a Class B violent felony, sexual abuse in the first degree, a Class D violent felony, and rape in the third degree, a Class E felony. Vaname is accused of having sexual intercourse with another person by forcible compulsion on Dec. 10 at a location in the Town of Le Roy. He is accused of subjecting another person to sexual contact by forcible compulsion. He is accused of having sexual intercourse with a person who was incapable of giving consent.

Stephen E. Pike is indicted on counts of strangulation in the second degree, a Class D violent felony, criminal mischief in the fourth degree, a Class A misdemeanor,  and assault in the third degree, a Class A misdemeanor. Pike is accused of impeding the normal breathing or blood circulation of another person by applying pressure to the person's throat, thereby causing stupor or loss of consciousness at a location in the City of Batavia on Aug. 6, and that he intended to cause physical injury to another person. He is also accused of damaging a window at a property on Liberty Street, Batavia on Aug. 6. 

Jamie A. Dutton is indicted on three counts of burglary in the third degree, a Class D felony, and three counts of petit larceny, a Class A misdemeanor. Dutton is accused of entering Walmart on Aug. 3, Aug. 14, and Aug. 18 with the intent to commit a crime once inside. He is accused of stealing bicycles on Aug. 3 and Aug. 14. He is accused of stealing two wireless keyboards on Aug. 18.

Benjamin D. Seekins is indicted on a count of DWI, a Class E felony. Seekins is accused of being drunk at the time he was driving a 2011 Kia on July 12 on Route 5 in the Town of Batavia. He is accused of driving drunk within 10 years of a prior DWI conviction.

Batavia man accused of letting wife OD sent to prison

By Howard B. Owens
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Makeen Ithna-Asheri

A Batavia man accused of letting his wife die of a drug overdose on New Year's Eve 2021 was sentenced to 2 1/3 to seven years on his manslaughter conviction on Monday.

Makeen Ithna-Asheri, 62, was charged after Anda Ithna-Asheri, 61, was found dead in their apartment at Northside Meadows.

She died of an overdose and Ithna-Asheri did not provide aid.

Their children, ages seven and 10, were present at the time of their mother's death.

District Attorney Kevin Finnell said the sentence was in accordance with a plea deal that was made with Ithna-Asheri in order to spare the children the hardship of testifying at trial.

Man who raped minor in multiple jurisdictions accepts plea offer in Genesee County

By Howard B. Owens
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Nicholas Turnquist
2020 File Photo

A 37-year-old man who once lived in Wyoming County and Erie County, and is already facing 13 years in federal prison on a sex crimes conviction, admitted on Friday in County Court to a rape at Darien Lake Theme Park in 2014.

Nicholas Brian Turnquist, who came into court in an orange Alleghany County Jail jumpsuit, accepted a plea offer that doesn't limit his potential prison sentence on the rape in the third-degree conviction but will allow him to serve the sentence at the same time he serves his sentence in federal prison.

A decade ago, Turnquist, who most recently lived in West Falls, reportedly engaged in sexual activity with a minor in multiple jurisdictions, including Genesee County, Wyoming County, Erie County, Pennsylvania and Canada.

He was indicted by a grand jury on counts of rape in the third degree, a Class E felony, and sexual abuse in the first degree, a Class D violent felony, in connection with a crime in Darien on Aug. 23, 2014.  He was arrested locally in 2020 following an investigation by Howard Carlson of the Genesee County Sheriff's Office.

He was also charged with predatory sexual assault of a child and second-degree rape in Wyoming County.  That case went to trial, but the charges were dismissed halfway through the trial based on conflicting statements made by the victim during her testimony.  The statements related to the timeline of events, which had bearing on her age -- and hence the nature of the criminal charges under New York's penal code -- at the time of the rapes.

The course of rapes involving a single victim started in 2012, when the victim was 14, according to prosecutors, and continue for at least two more years.

Turnquist was sentenced in federal court in November following his conviction for transportation and attempted transportation of a minor with the intent to engage in criminal sexual activity.  He will be on parole for 15 years following his federal prison term.

Man convicted of animal cruelty given six months in jail, five years probation, no animal contact order

By Howard B. Owens

Robert L. Williams, found guilty in a jury trial of animal cruelty, will spend six months in jail followed by five years on probation, and during that time, he is to have no contact whatsoever with any animal, Judge Melissa Lightcap Cianfrini ruled on Friday.

"You, sir, are in need of significant supervision," Cianfrini said. "I don't trust you around animals." 

She told him, "no dog sitting" and that he wasn't even to go over to a neighbor's house "to pet the dogs."

The evidence presented at trial, recounted during Friday's hearing, is that Williams was at another person's house, and there were two dogs in crates there, and Williams poured bleach into the eyes of the dogs. 

Both dogs required medical treatment, and both dogs fully recovered, though Assistant District Attorney Robert Zickl noted, "there's no vision test for a dog."

Williams was convicted under New York's Ags and Market Law, and while the counts are felonies, the maximum sentence on each count is two years.  The terms could have been served consecutively.

Cianfrini said she struggled with the decision because what Williams did was reprehensible.  However, in another pending case, where dogs were left in cages to potentially die -- and one of them had to be euthanized -- the defendants accepted plea offers that could mean they avoid any jail time.

The sentence Cianfrini handed down, she said, "significantly punishes you and ensures society that you're not going to be around animals and will not own animals and not have contact with animals for a long time."

The dogs belonged to the girlfriend of a person Williams was living with at the time of the incident.  Williams paid $158 in restitution for veterinary bills.

Cianfrini also ordered Williams to undergo a mental health evaluation and abide by any recommendations for treatment.

Any deviation by Williams from the term of his probation, Cianfrini said, would carry harsh consequences.

Zickl argued for the maximum jail term -- and even though animal cruelty is a felony and carries a maximum of more than a year, the sentence cannot be served in prison -- because of the depraved nature of the crime. 

"His conduct was absolutely pointless and cruel," Zickl said.

Zickl said there is an incident report filed by Le Roy PD prior to this incident that also contained an allegation that Williams poured bleach into a dog's eyes.  In that case, the owner declined prosecution once the dog quickly recovered.

The ADA said Williams should be removed from the community for as long as possible.

Fred Rarick, representing Williams, called the Le Roy report "hearsay" and encouraged Cianfrini not to consider it in her decision.

He provided Cianfrini with about a dozen letters from community members in support of Williams that described Williams as a good person who treated animals well (which led to Zickl, when he next got an opportunity to speak, to say that if the Le Roy report was hearsay, so were the letters).

Rarick said his client, "accepts the verdict of the jury though he respectfully disagrees with the verdict," and while not discounting the harm done to the dogs, they did recover. 

His client, he said, sought a probationary sentence because he loves his daughter dearly and wants to be able to care for her.

"Given the opportunity, he has shown he has the ability to comply with any court orders," Rarick said. "The record shows he will do so and that he is an asset to other people."

When Williams addressed the court, he "respectfully" requested to be placed on probation, noting that he had no other criminal history, no domestic violence charges, that he's abided by the terms of court orders during his divorce proceedings, and that he wants to be able to continue to work so he can take care of his daughter.

At the end of the hearing, Williams was handcuffed and taken to the Genesee County Jail to begin his six-month term.

Grand Jury Report: Inmate accused of possessing 'shank' in jail

By Howard B. Owens

Raul S. Cruz is indicted on two counts of promoting prison contraband in the first degree, a Class D felony, and one count of promoting prison contraband in the second degree, a Class A misdemeanor. Cruz is accused of possessing dangerous prison contraband, a shank, while incarcerated at the Genesee County Jail on Oct.  14.  He is also accused of a long plastic housing for a Bic-type pen.

name redacted upon request is indicted on counts of aggravated unlicensed operation in the first degree, a Class E felony, and DWI. Klauck is accused of driving a 2001 Toyota on July 31 in the Town of Stafford while holding a conditional license. She is accused of being intoxicated while driving.

Batavia PD alerts community to 'plethora' of thefts from unlocked cars

By Press Release

Press release:

The Batavia Police Department has recently been investigating a plethora of larcenies from vehicles in the city.

These thefts have been occurring mainly in the overnight hours, and from (unfortunately) unlocked motor vehicles.

Patrols remain vigilant in the overnight hours, and we are asking for assistance from the public to reduce these incidents.

Please remember:

  • ALWAYS lock your car doors.
  • Leave exterior lighting on if possible.
  • ALWAYS lock your car doors.
  • Remove valuables from your vehicle.
  • ALWAYS lock your car doors.

Theft prevention starts with you, and it begins before you even leave your vehicle.

As always, if you notice anything suspicious around your property, please do not hesitate to contact the police department at (585) 345-6350.

Former owners of abandoned pit bulls admit to animal cruelty

By Howard B. Owens

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"Brad Pitt" can finally move into a new forever home after his former owners accepted plea deals in County Court today that include them surrendering ownership of the dog, who was found abandoned and feces-covered in an apartment in May.

"Brad Pitt" is the name given to the male pit bull after he was brought into the shelter. His female companion was in such poor health after being abandoned in Apt. 60, 337 Bank St., Batavia, that she had to be euthanized.

The two dogs had apparently been bred and then left in cages without food in the apartment by  Andrew A. Searight, 35, and Jerrtonia A. Scarbrough, 24.  By the time they were discovered, they were both near death.

Under terms of the plea agreement offered by District Attorney Kevin Finnell, Searight and Scarbrough entered guilty pleas to two counts of cruelty to animals under Ag and Markets Law in exchange for a one-year term of interim probation.  They must abide by all the terms of probation and perform 150 hours of community service.

If they successfully complete the program, they can return to court in December and plead guilty to misdemeanor charges, at which time they can be sentenced again to either a term of probation or up to a year in jail on each charge.

Legally, they cannot be prevented from ever owning animals again, but under the terms of the agreement, they will not be allowed to own animals while under the court's supervision.

Finnell said he thought Searight should be required to serve his community service in an animal shelter so that he might better understand the trauma to animals when they're mistreated, but he said he understood that shelters might be reluctant to take him on as a volunteer given his conviction.  

Judge Melissa Lightcap Cianfrini concurred but said whatever community service Searight takes on, he is to inform her and get her approval before proceeding.

She said she personally wanted to closely monitor his probation and community service.

Searight and Scarbrough came into court together with an infant in a carrier.  They now live in Niagara County, and their terms of probation will be supervised by Niagara County's probation department, but their community service will be monitored by Genesee Justice.

Searight admitted in court that he abandoned the dogs and failed to provide proper sustenance and care, leading to the death of one of the dogs.  He agreed to pay restitution for the medical care and shelter of the male dog.

Photo: File photo of "Brad Pitt" by Howard Owens.

Law and Order: Two people accused of attempting to smuggle contraband into jail

By Howard B. Owens

Jose A. Rivera, 36, of Batavia, is charged with criminal contempt 1st, attempted promoting prison contraband 1st, and Ida M. Vanorden, 36, of Swan Street, Batavia, is charged with conspiracy 5th. Rivera and Vandorden are accused of conspiracy along with an unknown male, to introduce contraband into the Genesee County Jail. The contraband was intercepted by corrections officers on Dec. 26. Rivera is accused of violating a stay-away order of protection. Both Rivera and Vanorden were issued appearance tickets.  The investigation is ongoing, and deputies are attempting to identify the third suspect. Any person who may have additional information are requested to contact Deputy Nicholas Charmoun at (585) 345-3000, ext. 3258

Ledeja K. Wright, 32, of Maple Street, Batavia, is charged with torture/injure animal/fail to provide sustenance. Wright is accused of leaving a dog in an apartment after moving out and failing to provide sustenance to the animal. The incident was reported Nov. 30. Wright was arrested Dec. 15. She was arraigned in City Court and released. The dog is at the Animal Shelter. 

Vicki Lynne Manns, 52, of Brookville Road, Alexander, is charged with menacing 2nd, criminal possession of a weapon 4th, assault 3rd, and harassment 2nd.  Manns is accused of throwing a tray at a person, causing an injury. She is also accused of pointing a firearm at the same person. She was issued an appearance ticket.Robert L. Drennen is charged with criminal mischief 3rd. Drennen is accused of causing damage to a residence in the City of Batavia on Dec. 23. He was released on an appearance ticket.

Julie R. Richardson, 31, of Batavia,  is charged with grand larceny 4th, petit larceny, conspiracy 5th and tampering with evidence. Richardson is accused of stealing from a vehicle on South Main Street, Batavia, on Nov. 16. Richardson was arrested after an investigation by Officer Nicole McGinnis.

Andrew A. Crimes, 50, of West Main Street Road,  Batavia, is charged with criminal contempt 1st and aggravated family offense. Crimes is accused of violating an order of protection by contacting the protected party on Dec. 9. He was arraigned in City Court and released.

Deanna L. Yox, 37, of Clifford Street, Buffalo, is charged with petit larceny. Yox is accused of stealing from a business in Batavia in February 2020. She was arrested Dec. 21 following an investigation by officers Felicia Martinez and Wesley Rissinger. Yox was released on an appearance ticket.

Malinda J. Falk, 41, of East Main Street, Batavia, is charged with harassment 2nd and criminal obstruction of breathing/blood circulation. Falk is accused of attacking another individual on Dec. 17 at a location on East Main Street, Batavia. Falk was arraigned in City Court and released on her own recognizance. 

David L. Weaver, 32, of Atlanta, Illinois, is charged with harassment 2nd. Weaver is accused of striking another person during a disturbance on Dec. 10. He was released on an appearance ticket.

Dustin T. Forkell, 31, of Holley, is charged with petit larceny and false impersonation. Forkell is accused of stealing property from a local business on Dec. 11 and fleeing. He was located at another business in the Town of Batavia, at which time he allegedly provided a false name to officers. He was arrested, processed at Batavia PD, and issued an appearance ticket. The incident was investigated by officers Wesly Rissinger and Megan Crossett

An 18-year-old of Washington Avenue, Batavia, is charged with assault 3rd and criminal mischief. An 18-year-old resident is accused of attacking another person on Dec. 14 with an iPad, causing an injury. The youth was arraigned in City Court and released. 

Brittanee J. Hooten, of State Street, in Batavia, was arrested on two bench warrants after having failed to appear on an appearance ticket on prior arrests. Hooten was arraigned on Dec. 14 in City Court and released. 

Karrie A. Morrow, 40, of Summit Street, Batavia, was arrested on several outstanding Bench Warrants. Morrow was arrested on Dec. 14 after she was located during an unrelated incident. The warrants stem from several petit larceny cases at local businesses. Morrow was arraigned in City Court and released under supervision.

Jeffrey M. VanEpps, 45, of Albion, is charged with criminal mischief and attempted assault 3rd. VanEpps was allegedly involved in a disturbance at a business on West Main Street on Dec. 14. He was arraigned in City Court and released.

Jacob A. Richards, 34, of Rochester, is charged with possession of a forged instrument 1st and grand larceny 4th. Richards allegedly passed a forged check at a local bank. He was arraigned in City Court and ordered held on bail.

Terrance L. Falk, 24, of North Street, Batavia, is charged with criminal mischief 4th and assault 3rd. Falk was allegedly involved in a disturbance on an unspecified date in the City of Batavia. After initially fleeing the scene, according to police, he was located and taken into custody without incident. He was arraigned in City Court and released on his own recognizance. 

Byron K. Bell, 53, of Rochester, is charged with criminal possession of stolen property 3rd, aggravated unlicensed operation 3rd and speeding. Bell was stopped on Dec. 11 in the City of Batavia by Officer Josh Girvin and Officer Bryan Moscicki. Bell was allegedly driving a stolen vehicle while on a suspended license. He was arraigned in City Court and jailed.

Harry R. Silliman, 58, of Batavia, is charged with trespass. Silliman was allegedly on property on Maple Street without permission. He was arrested and issued an appearance ticket.

Zakara R. Jackson, age 19, of Trumbull Parkway, Batavia, is charged with bail jumping 2nd and failure to appear. Jackson was arrested on a warrant on Dec. 8 He was arraigned in City Court and released under supervision.

Daquan J. Butler, 26, of Ross Street, Batavia, is charged with petit larceny.  Butler is accused of stealing an iPhone 13 from another person on Ross Street on Dec. 3. He was arraigned in City Court and released.

Raymond Lunday Kelley, of Oak Street, Batavia, is charged with a false written statement. Kelley allegedly provided law enforcement with a false written statement related to an incident reported at Batavia Downs at 11:59 p.m., Dec. 16. He was released on an appearance ticket.

Douglas Wayne Logsdon, 74, of Big Tree Road, Pavilion, is charged with endangering the welfare of a child and harassment 2nd. Logsdon allegedly threw items at a person while a child was present during an incident reported at 5:41 p.m., Dec. 16 at a location on Big Tree Road, Pavilion. Logsdon was arraigned in Town of Pavilion Court and released.

Rachel B. Solomon, 30, of North Lake Road, Pembroke, is charged with criminal contempt 2nd and harassment 2nd. Solomon is accused of violating an order of protection by harassing an individual at 1 p.m. on Dec. 22. She was arraigned in Town of Pembroke Court and ordered held without bail. Solomon is also charged with aggravated criminal contempt, assault 3rd, and endangering the welfare of a child. The charges stem from an incident reported at 2:45 a.m., Jan. 2, at a location on Meadville Road, Tonawanda Indian Reservation. Solomon was jailed pending arraignment.

Joseph Michael Morelli, 54, of Orchard Street, Oakfield, is charged with DWI and driving with a BAC of .08 or greater. Morelli was allegedly found to be intoxicated at 2:02 p.m., Dec. 14, while at the Genesee County Probation Department on Main Street, Batavia, and arrested by Deputy Jonathan Dimming. Morelli was released to a third party on an appearance ticket. 

Adam Joseph Pape, 35, of Morrow Road, Pavilion, is charged with felony DWI, felony driving with a BAC of .08 or greater, aggravated unlicensed operation, driving without an interlock device, and drinking alcohol in a motor vehicle on a public highway. Pape was stopped at 8:11 p.m., Dec. 30, by Deputy Zachary Hoy and released on an appearance ticket.

Nia Hanevin Spring, 23, of Griffin Road, Tonawanda Indian Reservation, is charged with criminal contempt 2nd and grand larceny 4th. Spring was arrested on Dec. 30, processed at the Genesee County Jail, arraigned in Town of Alabama Court, and released under supervision. 

Ronald Charles Inzinna, 54, of Le Roy, is charged with criminal mischief and harassment 2nd. Inzinna is accused of subjecting another person to unwanted physical contact and preventing that person from contacting 9-1-1 during an incident reported at 6 p.m., Dec. 30, at a location on East Main Road, Le Roy.  Inzinna was arraigned in Town of Stafford Court and released on his own recognizance. 

Arthur James Felski, 45, of Tonawanda Indian Reservation, is charged with harassment 2nd. Felski was charged following an investigation into an incident reported at 3:25 p.m., Jan. 1, in Basom. He was arraigned in the Genesee County Centralized Arraignment Court and released on his own recognizance.

Sentencing to be consolidated for Batavia man who admits to crime committed after prior conviction

By Howard B. Owens

A Batavia man accused of possessing a handgun during an incident in the area of Ellicott Street and Court Street on Sept.30 entered a guilty plea to a reduced charge on Tuesday.

Terrance Y. Williams, 23, had sought a new attorney at a previous court appearance because he thought a new attorney could get him a better deal after he committed a crime while awaiting sentencing on a drug possession conviction.

As part of his plea deal, the cases were consolidated so he could be sentenced on both convictions simultaneously, but by law, whatever sentence he gets will be on both convictions, which will be served consecutively.   

He faces up to seven years in prison on the weapons charge. He can also be placed on parole for seven years and fined up to $5,000.  He's also eligible for probation.  The full range of sentencing options are open to Judge Melissa Cianfrini.

He was originally going to be sentenced on Tuesday afternoon, but because of a timing conflict with an ongoing, unrelated trial, Williams will be sentenced on a later date.

He entered a guilty plea to attempted criminal possession of a weapon in the third degree, a Class D felony.

In August, Williams entered a guilty plea to a count of attempted criminal possession of a controlled substance in the third degree.

Law and Order: Duo from Buffalo accused of stealing 'felony amount' of merchandise from Dick's

By Howard B. Owens

Jaszandra M. Davis, 27, of Wade Avenue, Buffalo, is charged with grand larceny 4th, criminal possession of stolen property 4th, and possession of burglary tools, and Kai F. Morris, 19, of Shirley Avenue, Buffalo, is charged with grand larceny 4th, criminal possession of stolen property 4th, possession of burglary tools, and obstruction of governmental administration. Sheriff's deputies received a report of a possible theft in progress at Dick's Sporting Goods on Dec. 20, and when patrols arrived, they observed two individuals pushing a cart full of merchandise out of the store. Davis and Morris are accused of removing the merchandise from the store without paying for it. The cash value of the merchandise was not released, but the Sheriff's Office characterized it as "a felony amount" of stolen items. During the investigation, Davis and Morris were allegedly found in possession of stolen merchandise from multiple stores in the Buffalo area. Davis and Morris were released on an appearance ticket and ordered to appear in Town of Batavia Court at 10 a.m. on Jan. 4.  Assisting in the investigation were Sgt. Kyle Krzemien, Sgt. Mathew Clor, Investigator Kevin Forsyth, Deputy Nicholas Chamoun and Deputy Morgan Ewert.

Thomas Daniel Santos, 40, of West Ridge Road, Spencerport, is charged with aggravated unlicensed operation 1st, driving while ability impaired by drugs, and failure to dim headlights. Santos was stopped on Dec. 3 at 12:06 a.m. on Route 33 in Bergen by Deputy Jonathan Dimming. He was released on an appearance ticket.

Shawn Richard Wisniewski, 33, of Medina, is charged with promoting prison contraband 1st. Wisnieski was allegedly found in possession of Suboxone while confined to the Genesee County Jail on Dec. 20 at 9:54 p.m. He was arraigned in City Court today.

Carrianne M. Rozbicki, 40, of Batavia, is charged with petit larceny. Rozbicki is accused of stealing $69.27 in merchandise from Walmart on Dec. 17. She was issued an appearance ticket.

Grand Jury Report: Child sex abuse case charged

By Howard B. Owens

Kevin T. Kaminski is indicted on two counts of sexual abuse in the first degree and two counts of endangering the welfare of a child. Kaminski is accused of having sexual contact with a child less than 11 years old in December and with another child less than 11 years old in January.  Both incidents were reported in the Town of Alabama.

Law and Order: Convicted child sex predator accused of possessing control substance in jail

By Howard B. Owens

Melvin Andre Huntley, 41, of Wilkenson Road, Batavia, is charged with promoting prison contraband 1st, promoting prison contraband 2nd, and criminal possession of a controlled substance 7th. Huntley was accused of possessing and bringing a controlled substance into the Genesee County Jail at 7:35 p.m. Nov. 16. He was arraigned in City Court and released back into the custody of the jail. Previously: Child sex predator convicted by jury, faces possible life in prison

Brett M. Holt, 32, of West Center Street, Medina, and Kelly M. Holt, 46, of West Center Street, Medina, are each charged with petit larceny. On Dec. 12 at 5:20 p.m., dispatchers received a report of a theft in progress at Sally Beauty Supply on Veterans Memorial Drive. Patrols eventually located two individuals matching the description of the suspects inside of Kohl's Department Store. The suspects were returned to Sally's, where a witness identified them as the individuals suspected of stealing $400 in products. Both suspects were processed at the Genesee County Jail and released on appearance tickets.

Dustin Travis Forkell, 31, of Hulberton Road, Holley, is charged with falsifying business records, 1st, criminal possession of a controlled substance 7th, and criminal impersonation 2nd. Forkell is accused of possessing narcotics while being arrested on separate offenses in the City of Batavia on Dec. 11 at 6:30 p.m. He is accused of attempting to conceal his true identity while being processed at the Genesee County Jail. Forkell was released on an appearance ticket.

Alyssa Michele Harnish, 34, of Main Street Road, Batavia, is charged with criminal possession of a controlled substance 7th. Harnish was arrested on Dec. 14 as the result of an incident reported on Nov. 16 at 9 p.m. at a location on West Main Street Road, Batavia. She was issued an appearance ticket.

Stephanie Lynn Salcido, 33, of Ellicott Street Road, Batavia, is charged with felony DWI, moving from lane unsafely, uninspected motor vehicle, unregistered motor vehicle, and aggravated unlicensed operation. Salcido was stopped on Dec. 15 at 2:38 a.m. on Lake Street Road, Le Roy, by Sgt. Matthew Clor. She is also accused of driving without a required interlock device. Salcido was issued an appearance ticket.

Kevin Quinn Widzinski, 29, of Hubbard Drive, Chili, is charged with DWI, moving from lane unsafely, and speed not reasonable and prudent. Widzinski was arrested by Deputy Zachary Hoy following the report of a motor vehicle accident on Dec. 15 at 7:24 p.m. on Warsaw Road in Le Roy. Widzinski was released on an appearance ticket.

Micahel Gilbert Hoskins, 50, of Rochester, is charged with DWI, driving with a BAC of .08 or greater, driving an uninspected vehicle, and driving with an open alcohol container. Hoskins was stopped on Dec. 4 at 12:10 a.m. on Seven Springs Road, Stafford, by Deputy Ryan Mullen. He was issued an appearance ticket.

Tatiana Makarevic, 55, of Maple Road, Alabama, is charged with DWI, driving with a BAC of .18 or greater, and moving from lane unsafely. Makarevic was stopped on Dec. 15 at 8:48 p.m. on Alleghany Road, Pembroke, by Deputy Jacob Kipler. Makarevic was processed at the Genesee County Jail and released on an appearance ticket.     

Karrie Ann Morrow, 40, of Alexander Road, Batavia, is charged with petit larceny. Morrow on Dec. 14 in connection with a theft reported at 2 a.m., Oct. 11 on Genesee Street, Pembroke. She was issued an appearance ticket.

Arthur James Brown, 48, of State Street, Batavia, is charged with sex offender failure to register a change of address. Brown is to report a change of address within the required 10 days for a registered sex offender. He was arraigned in City Court and ordered held without bail.

Bryan D. McEwan, 36, of Darien, is charged with criminal mischief 4th and endangering the welfare of a child. McEwan was arrested by State Police in connection with an incident reported at 10:10 p.m. on Dec. 18 at a location in Darien. McEwan was released to a third party. No further information released.

More than a village, it takes a Genesee County team to mitigate threats of violence

By Joanne Beck

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In talking about Genesee County’s threat assessment and management program, Undersheriff Bradley Mazur often referred to one county over, and how Rochester Threat Advisory Committee, or ROCTAC, will serve as a role model of sorts.

No wonder. All of New York State is watching the Monroe County program, which was announced in June. And Genesee County is nearly ready to jump on board, Mazur said Thursday.

"Governor Hochul passed executive order 18, which required each county to come up with a domestic terrorism prevention plan. So what we did, we put our plan together. And in our response, we believe that to mitigate this type of threat in our community, our best action would be to create a Genesee County Threat Assessment management team, or a TAM team is what they're called," Mazur said. "This is kind of very similar to Monroe County's ROCTAC ... a Rochester threat advisory committee that they developed, I think, last year. So a lot of the counties are kind of going to mimic what they've done. Ours is going to be a threat assessment committee. And this is going to be a diverse team. We have individuals from mental health to GCASA, social services, school administrators, and our SROs. The goal is early intervention to prevent any types of violence."

Similar to Rochester’s Threat Advisory Committee, so too will Genesee County have a cohesive group of representatives from law enforcement, social services, probation, GCASA, emergency management, school administrations, and school resource officers, he said.

A primary goal is “to mitigate any threat to our community,” he said, through early detection and intervention of potential threats of domestic violence, school shootings, workplace assaults, stalkings, and any other similar threats of violence.

This effort takes money, which will come from a related $172,000 state grant previously announced by Gov. Kathy Hochul. After the May shooting in Buffalo that left 10 people dead, Hochul began to charge each county in the state to develop a threat assessment plan, signing an executive order and providing funds to ensure that could happen.

Monroe County had already established its own version of a threat advisory team as a proactive measure to help prevent deadly assaults, so state leaders pointed to that team as an example for other counties to follow.

Although Genesee County is a small, rural area, it is just as susceptible to such violence as is any big city, Mazur said.

“The biggest threat to our community is any type of community radicalization. And I think their ability to use the internet and social media to reach out to anybody anywhere. And that's our focal point right now, is that use of social media and the internet," he said. "They try to push their social or political agenda. And oftentimes, it advocates for the use of violence. And using the internet and social media, I think you could have a vast audience, of which some people may be susceptible to their messaging."

The grant money will go toward training and training-related costs, such as overtime to cover officers while they’re in training. The grant is good for two years, and it does not cover equipment, only “training costs and related items that we need to establish the program,” he said.

“We submitted our plan to the state for approval,” he said. “The Genesee County Legislature reviewed the plan, and we’re going to move forward … we’re hoping to have the training completed in February. This will include all law enforcement in Genesee County."

Given this new initiative, the plan also includes promotion:  “We will be doing an awareness campaign,” he said.

That campaign will be rolled out to the public so that anyone can participate in the program. For example, if a resident reads or hears something that seems like a possible threat to the community — an online discussion about attacking a school, for example — that resident will be more equipped to know where and how to report it, and the threat advisory team would assess the situation to determine how to proceed.

"So people know, obviously, in an emergency situation, they're going to call 911. But we're also going to have another reporting system that may not reach that level yet," he said. "And the management team or the TAM team would then get together and assess it and see if we can intervene and get resources out there at that early stage."

As Monroe County Sheriff Todd Baxter put it: The team is “a holistic group that gets together and analyzes their case, looks at it, and sees how we can mitigate the risk and take someone off that path and stairway to targeted violence.”

More details will be publicized once the county’s plan is officially approved and the training is complete, Mazur said. Squad 9 LLC, which was used by Monroe County, will conduct the training and consulting work.

Squad 9 is led by two veteran Federal Bureau of Investigation experts who provide consultative, training and research services related to threat assessment and management, behavioral intervention, international and domestic terrorism, interview and interrogation, and risk management needs.

Mazur presented the plan to the Legislature this week, and he expects for there to be more public discussion and details to be provided after state approval and completion of training in early 2023.

File Photo of Genesee County Undersheriff Bradley Mazur talking to Genesee County legislators during a meeting at the Old Courthouse in Batavia, by Joanne Beck.

Elmore misses another court appearance while Oddey remains at shelter

By Howard B. Owens
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Cassandra Elmore

The Batavia woman whose dog reportedly ingested narcotics, leading to her arrest and to the dog being confined to the Genesee County Animal Shelter, once again failed to appear in Batavia City Court as directed.

A motion hearing was scheduled for Thursday afternoon and Cassandra Elmore didn't make it.

Elmore's attorney, Jamie B. Welch, assistant public defender, told Judge Thomas Burns that he hasn't heard from nor been able to contact his client for weeks and did not know why she wasn't in court for the hearing.

Burns issued a warrant for her arrest but stayed it for 48 hours, giving Welch a little more time to try and track her down.

Elmore hasn't consistently missed her court appearances, but she did skip an appearance in September and was subsequently arrested.

The 30-year-old Elmore has promised that once the case is cleared, we will get "the real case."

Welch was prepared to file motions on her behalf on Thursday but told Burns he would rather hold those motions until Elmore can be present in court. Burns said he also thought that is the best way to proceed.

Elmore was first arrested in July after she had taken her French Bulldog, Oddey, to veterinarians for emergency treatment. In each case, the veterinarians determined Oddey had overdosed on narcotics. Twice the veterinarians said they suspected Oddey had ingested cocaine.  On one occasion, Elmore reportedly said Oddey had found white powder on the kitchen floor of her residence, then on River Street.

Since that arrest, Elmore has also been charged with criminal possession of a weapon, obstruction of governmental administration, aggravated unlicensed operation 3rd. 

Two members of Volunteers for Animals waited for nearly two hours Thursday to see if Elmore appeared.  After court, they said Oddey is doing well at the shelter.  Oddey, however, can't find a new forever home so long as Elmore retains ownership of the dog.

At her last court appearance, on Oct. 20, Elmore said she was willing to negotiate Oddey's future.  The volunteers said there have been negotiations but no resolution was reached.

Previously:

Batavia man accused of attempted murder makes initial County Court appearance in case

By Howard B. Owens
Tyshon Taylor

A Batavia man indicted by a Genesee County Grand Jury on an attempted murder charge in what was an apparent, unprovoked attack against a stranger on Jackson Street in Batavia, entered a not guilty plea to the charge in Genesee County Court on Wednesday.

Tyshon L. Taylor, 25, dressed in an orange jail shirt and paints, sat motionless during the hearing with his head down, seeming almost disengaged from the proceedings, except to coherently respond to every question of Judge Melissa Lightcap Cianfrini.

Taylor is accused of stabbing a person walking on Jackson Street at about 9:30 p.m. on Oct. 18.  The Batavian has learned from a source who asked not to be identified that neither the victim nor Taylor had met prior to the encounter.

The victim survived the attack.

Taylor is also accused of attempted assault in the third degree for an incident reported at 11:39 p.m. Oct. 13 on Oak Street.

As is procedure following an arraignment on a Grand Jury indictment, Cianfrini set calendar dates for future appearances and motions. 

A preliminary conference is scheduled for 3 p.m. Jan. 25. Defense motions are due Jan. 30. Prosecution answers are due Feb. 6. Oral arguments on motions is scheduled for 10:30 a.m. Feb. 22.

Taylor is being held in the Genesee County Jail without bail.

Sentencing delayed for drug dealer so attorney can better explain case to him

By Howard B. Owens
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Tarrence Williams

A Batavia man was ready for sentencing on a drug-dealing-related charge on Tuesday, but Judge Melissa Lightcap Cianfrini decided to delay sentencing after a private discussion of a legal issue with the defendant's attorney.

Attorney Fred Rarick indicated in court that it is in the best interest of his client, Tarrence Yuron Williams, 23, that he combines his sentencing with his possible acceptance of a plea offer in a gun-related charge.

Ironically, while Williams was ready to move forward with sentencing today, in October, Williams requested and received new legal counsel because he wanted to combine the two cases in the hopes of getting a better deal.

To recap:

  • In December 2021, Williams was arrested an charged with criminal possession of a controlled substance in the third degree, criminal possession of a controlled substance in the fourth degree, criminal possession of a firearm, criminal obstruction of breathing and blood circulation, and menacing in the third degree.
  • At a later date, he accepted a plea offer that satisfied all of those charges. He entered a guilty plea to attempted criminal possession of a controlled substance in the third degree.
  • On Sept. 30, Batavia PD received a report of shots fired somewhere on Ellicott Street.  An officer pursued a suspect on the Ellicott Trail to Evans and then to Court, where the suspect eluded capture but apparently ditched a firearm in the bushes.
  • Williams was subsequently arrested and charged with criminal possession of a weapon in the second degree, a Class C felony, and criminal possession of a weapon in the fourth degree, a Class A misdemeanor.
  • Williams last appeared in court on Nov. 2 for sentencing on the drug charge, but District Attorney Kevin Finnell was unexpectedly called away on other business and couldn't appear. The case was postponed because Rarick was trying to negotiate a plea offer for his client on the weapons charge.

After a late start to his case on Tuesday, there were some financial matters to resolve.

First, Finnell wanted to incorporate into Williams' original plea the forfeiture by Williams of $3,195 that Williams had on him at the time of his arrest in December 2021. That matter had not been properly recorded at the time of the original plea.  Williams agreed to include the forfeiture stipulation in the record of his original guilty plea.

Second, the Sheriff's Office had requested restitution of $100. Though not discussed in court, this is typically money used by an agent of the Local Drug Task Force to make a narcotics buy -- and Rarick informed the court it was his understanding that Williams had already paid restitution.  

Nobody in court had a record of the transaction, though a friend of Williams who was sitting in the gallery said he had a receipt at home for the payment.  

Cianfrini called for an adjournment while Rarick went to the Public Defender's Office to obtain a receipt and Finnell went to his office to check records in his office.

Both came back to court a short time later and informed Cianfrini that both had found proof that restitution had been paid and the money had been remitted to the Sheriff's Office.

At that point, Cianfrini called Rarick and Finnell to the bench.  After a lengthy private discussion, she informed Williams of her decision to continue his case so that he could have time to discuss the case further with his attorney.

She told Williams it was really in his best interest to delay sentencing.

Williams, who remains in custody, is scheduled to appear in court again at 9:30 a.m. on Dec. 20.

N.C. man with apparent extremist ties admits to federal crime in relation to arrest in Le Roy

By Howard B. Owens

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A 24-year-old North Carolina man, who reportedly participated in the Jan. 6 attempted insurrection in Washington D.C. and was later arrested in Le Roy with an illegal AR-15 rifle, entered a guilty plea to Federal charges today in U.S. District Court in Rochester.

Michael Alan Jones, of Charlotte, N.C., admitted to the felony of being in possession of a firearm and ammunition, which carries a maximum penalty of 10 years in prison and a $250,000 fine.

The charge stems from his March 19 arrest by sheriff's seputies following a traffic stop of a Nissan Sentra driven by Jones.

Upon approaching the vehicle, Deputies Kenneth Quackenbush and Nicholas Charmoun observed several knives, military surplus gear, and two compound bows inside the vehicle, according to a Federal affidavit by an FBI agent

The affidavit says a passenger in the car was identified only as PK.  The deputies reportedly observed a backpack on the passenger-side floorboard with bolt cutters protruding from the pocket.

Upon searching the vehicle, the deputies located pry bars, bolt cutters, and gloves, which, the affidavit states, the deputies believed to be consistent with burglary tools. They also found pepper spray and ammunition. 

Assistant U.S. Attorney Charles E. Moynihan, who is handling the case, stated that in February 2019, Jones was convicted in Alamance County, North Carolina, of two felony crimes, and as a result related to sexual involvement with a teenage girl, and is therefore legally prohibited from possessing firearms and ammunition.

Jones was originally scheduled to enter a plea a week ago but his hearing was delayed by his medical issues, according to Raw Story.

Jones was hospitalized for treatment of MRSA, a bacterial infection that resists antibiotics.

“His infection is very severe and he needs to remain at the hospital for about the next two weeks receiving intravenous antibiotics,” Slawinski wrote. “He also tested positive for COVID-19 last week while in the hospital. His condition is serious and it is possible that his leg may have to be amputated if the infection spreads further.”

Sentencing is scheduled for May 16 at 2:30 p.m.

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